Article 6 - Legislative Department

2

A Senator is disqualified to serve for more than ________ consecutive terms

3

Half of the senators (12) are elected, every ______ years to ensure that the Senate is maintained as a continuous body

Qualifications for the Senate

Natural-born citizen of the Philippines At least 35 years of age on the day of the election Able to read and write A registered voter A resident of the Philippines for not less than two years immediately preceding the day of the election

Law

Refers to statutes which are written enactments of the legislature governing the relations of the people among themselves or between them and the government and its agencies

Aim of the party-list system

to attain the broadest possible representation of all interests in its law and policy-making body

Reapportionment of legislative districts

3 years following the return of every census

Qualifications of the HoR

A natural-born citizen of the Philippines At least 25 years of age on the day of the election Able to read and write Except for a party-list representative, a registered voter in the district in which he shall be elected A resident thereof for a period of not less than one year preceding the day of election

Function of Laws

Defines rights and duties of citizens Imposes taxes Appropriates funds Defines crimes Provides for their punishment Creates and abolishes government offices; determines their jurisdiction and functions In general, regulates human conduct and the use of property for the promotion of the common good

Congress of the Philippines

Double-chamber/bicameral body consisting of the Senate and the House of Representatives as a replacement to the unicameral set-up provided in the 1973 constitution

Advantages of a unicameral legislature

Economical; responsibility is easily fixed; and prompt legislative action

Conditions for apportionment

Elected representatives from legislative districts shall be apportioned or distributed among the provinces, cities, and Metro Manila area subject to the following conditions In accordance with the number of inhabitants On the basis of a uniform and progressive ratio Each district shall comprise as far as practicable, contiguous, compact, and adjacent territory Each city with a population of 250,000 or each province shall have at least 1 rep.

Legislative Power

Essentially the authority under the constitution to make laws and subsequently, when the need arises, to alter and repeal them

The House of Representatives

Lower chamber of the Congress of the Philippines

6 years

Maximum terms of the HoR

Checks by Congress

May override the veto of the President, reject certain appointments of the President, revoke the proclamation of martial law or suspension of the privilege of the writ of habeas corpus by the President, and amend or revoke decisions of the courts Power to define, prescribe, and apportion the jurisdiction of the various courts; determine the salaries of the President and Vice-President; the members of the Supreme Court and judges of lower courts; and impeach the President and Supreme Court

Checks by the President

May veto or disapprove bills enacted by Congress and through the pardoning power, may modify or set aside the judgements of courts

Disadvantages of Bicameralism

Not an effective "fiscalizing" or counter-check machinery No assurance of better considered and deliberated legislation Produces duplication of efforts and serious deadlocks in the enactment of important measures with the Conference Committee of both Houses, derisively called the "third chamber" More expensive to maintain Prohibitive costs of senatorial elections have made it possible for only wealthy individuals to make it to the Senate; two of our Presidents were previous members of the House of Representatives

Not more than 250

Number of members composing the House of Representatives

6 years

Number of term of office of a senator

Principle of separation of powers

Presidential system Parliamentary French presidential-parliamentary system / semi-presidential system

Advantages of Bicameralism

Second chamber is necessary to serve as a check to hasty and ill-considered legislation Serves as a training ground for future leaders Representation for both regional and national interests Less susceptible to bribery and control of big interest Traditional form of legislative body dating from ancient times thus, has been tested and proven in crucible of human experience

SECTION 1

The legislative power shall be vested in the congress o the Philippines which shall consist of a senate and a house of representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Second Monday of May

Unless otherwise provided by law, the regular election of Senators shall be held on the _________________

24

Upper chamber of the Congress of the Philippines composed of _____ Senators elected at large (nationwide) by qualified voters as may be provided by law

Checks by the judiciary

With the Supreme Court as the final arbiter may declare legislative measures or executive acts unconstitutional and "determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part" of Congress or the President (Art. XI, Sec. 2, part. 2)

General legislative power

enactment of laws

Implied powers

essential or necessary to the effective exercise of the powers expressly granted (power to conduct inquiry and investigation in aid of legislation; to punish for contempt; to determine the rules of its proceedings, etc.)

Special elections

for vacant seats; authority to call for special elections may be given by law to the COMELEC; not mandatory by the Constitution

Ratio to be adopted

must be uniform and progressive

Specific powers

power to choose who shall become President in case 2 or more candidates have highest and equal number of votes; to confirm certain appointments by the President; to promote social justice; to declare the existence of a state of war; to impose taxes; to appropriate money; to impeach; to act as a constituent assembly, etc

Inherent powers

powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty (taxation, power of eminent domain, and police power)

Representation of provinces and cities

regardless of their population, provinces (with their component cities) shall have at least 1 rep. each; a city with at least 250,000 inhabitants shall have at least 1 rep.

Regular election

second Monday of May, unless otherwise provided by law

Disadvantages of a unicameral legislature

there is no check against hasty and ill-considered bills.